If you drive drunk and cause a fatal accident, you will face felony intoxication manslaughter charges. Upon conviction for this offense, you will spend a minimum of two years in prison, with the possibility of a 20-year sentence.
An intoxication manslaughter lawyer can protect your legal rights and work to defend you against these serious charges.
At the Law Offices of Randall B. Isenberg, Attorney Randall Isenberg has more than three decades of experience in the Texas legal system and his case results reflect this fact. His time spent as chief felony prosecutor and state district judge provide valuable insight and the knowledge it takes to build the most robust possible case in your defense.
Contact our office today at 214-696-9253 for help from an intoxication manslaughter lawyer in McKinney.
What Are the Penalties for an Intoxication Manslaughter Conviction?
Prosecutors pursue the charge of intoxication manslaughter for any drunk driving accident that results in a fatality. According to the Texas Penal Code (TPC), the crime of intoxication manslaughter applies to an accidental death. The victim may have been a passenger in your vehicle, another vehicle involved in the accident, a pedestrian, or bystander.
This offense carries a second-degree felony charge. Upon conviction for a second-degree felony, you will face a monetary fine up to $10,000. You will serve between two and 20 years in prison and a minimum of a one-year suspension of your driver’s license.
The judge may also impose the following:
- Supervised probation
- Up to 1,000 hours of community service
- Substance abuse counseling or rehab
- An ignition lock on your car
- Pay restitution
The statutes define DWI has having a blood alcohol concentration (BAC) of .08 or more. If your BAC tested above 0.149, or if any other aggravating circumstances applied, you may face more severe charges.
Aggravating circumstances could include:
- Having an open container in the car with you
- Having a minor child as a passenger
- If the victim was a first responder (law enforcement officer, firefighter, emergency medical technician) killed in the course of doing his or her job
Finally, your conviction will become a part of your permanent record. For the rest of your life, anyone who runs a background check on you will know about your crime. A felony conviction can interfere with your ability to get a job, rent a home, or hold a professional license. As a convicted felon, you will lose your right to vote, sit on a jury, or own or possess a firearm.
What Will Your Intoxication Manslaughter Lawyer Do for You?
Before you make any decisions in your case, talk to a criminal defense attorney to learn more about your options. At the Law Offices of Randall B. Isenberg, our legal team is prepared to mobilize immediately on your behalf. We will protect your legal rights and stand by your side throughout the entire process, working tirelessly to achieve the best possible outcome in your case.
We will carefully analyze the evidence and the facts of your case, in search of flaws and violations of your legal rights. Our vast network of resources – including medical experts and accident scene reconstruction specialists – can identify potential problems that we can use to build your case.
We can use this information as the basis for negotiating with the prosecutor to potentially have your charges reduced or dismissed. If the prosecutor does not agree to settle, we can use this information in court for your criminal defense.
Because of the severe nature of intoxication manslaughter charges, the prosecutor must meet a high burden of proof. Our firm leverages this high burden of proof by presenting as much evidence of reasonable doubt as possible. You need an extremely experienced lawyer to handle a manslaughter case. Let the Law Offices of Randall B. Isenberg begin the long process of compiling defenses against the burden of proof today: 214-696-9253.
Common Challenges Intoxication Manslaughter Clients Face
Violations of Your Legal Rights
If the police violated your legal rights at any time during the arrest or chemical testing processes, this may provide a valid reason for invalidating evidence or even dismissing your case.
Lack of Legal Impairment
Although the police may have evidence that you met the statutory definition for intoxication at the time of your BAC test, the prosecutor must prove your intoxication at the time of the accident.
Alternative Cause for a DWI Accident
Even if the prosecutor can demonstrate clearly that you drove drunk – and that you were involved in an accident – they must provide that your drunk driving caused the accident in question. If applicable, our team can present evidence supporting an alternative cause for the crash.
Alternative Cause for a Fatality
If the prosecutor can demonstrate that you drove drunk and that you caused the DWI accident in question, that does not necessarily mean they can prove that the crash caused the fatality. For example, the victim may have had a preexisting illness or injury, or other conditions may have contributed to their fatal injuries.
Faulty BAC Test Results
In Texas, the police and chemical testing personnel must comply with published standards and guidelines for conducting breathalyzer or blood testing for BAC. For example, they must calibrate, test, and maintain breathalyzer equipment based on strict schedules and protocols.
Breathalyzer testing technicians must have extensive training and certification, and they must administer testing by specific legal requirements. Any departure from these standards can lead to false positive BAC testing results, which we can petition the court to have thrown out.
Whatever the legal strategies our team uses in your case, you can rest assured that we will work tirelessly to build the most robust possible case for your defense.
Meet with an Intoxication Manslaughter Lawyer in McKinney Today for Free
Never assume that any evidence the prosecution may claim to have will guarantee a conviction for intoxication manslaughter. Before making any decisions or providing any statement to the police or prosecutor, talk to a DWI attorney to understand how it could affect your future.
The Law Offices of Randall B. Isenberg will provide a no-cost, no-obligation consultation, and case review to help you make the best possible decision. We will answer your questions and explain your options so that you can make informed choices in your case.
Contact us today at 214-696-9253 to schedule a consultation or to speak directly with an intoxication manslaughter lawyer in McKinney.
